2021 Colorado Code
Title 44 - Revenue - Regulation of Activities
Article 3 - Alcohol Beverages
Part 3 - State and Local Licensing
§ 44-3-304. State Licensing Authority - Application and Issuance Procedures - Definitions - Rules

1. 1. Applications for licenses under the provisions of this article 3 and articles 4 and 5 of this title 44 shall be made to the state licensing authority on forms prepared and furnished by the state licensing authority and shall set forth such information as the state licensing authority may require to enable the authority to determine whether a license should be granted. The information shall include the name and address of the applicant, and if a partnership, also the names and addresses of all the partners, and if a corporation, association, or other organization, also the names and addresses of the president, vice-president, secretary, and managing officer, together with all other information deemed necessary by the licensing authority. Each application shall be verified by the oath or affirmation of the person or persons as the state licensing authority may prescribe.
   2. Notwithstanding the requirements of subsection (1)(a) of this section, an applicant seeking licenses for multiple locations may request the state licensing authority to establish a master file. All requests for a master file shall be made on forms provided by the state licensing authority and shall contain such information as the state licensing authority may require to enable the authority to determine the suitability of the license applicant and its principal owners as required pursuant to section 44-3-307. The state licensing authority shall either approve the request for a master file and issue an approval letter, or deny the request pursuant to the provisions of section 44-3-305. Any change to information contained in the master file shall be reported by the applicant or licensee to the state licensing authority within thirty days after the change. Failure to report all changes as required may be grounds for suspension or revocation of a license or licenses as determined by the state licensing authority. No local licensing authority shall require applicants with an approved master file to file additional background investigation forms or fingerprints. Nothing in this section shall prohibit a local licensing authority from conducting its own investigation, or from verifying any of the information provided by the applicant, or from denying the application of the applicant pursuant to the provisions set forth in section 44-3-307.
   3. As used in this part 3, “master file” means a file that is established by the state licensing authority and that contains licensing and background information for an applicant seeking licenses pursuant to this article 3 in multiple locations. The master file shall be available to the local licensing authority.
   4. The state licensing authority shall promulgate rules governing the minimum number of multiple locations required to establish and maintain a master file.

2. 1. Before granting any license for which application has been made, the state licensing authority or one or more of its inspectors may visit and inspect the plant or property in which the applicant proposes to conduct business and investigate the fitness to conduct such business of any person or the officers and directors of any corporation applying for a license. In investigating the fitness of the applicant or a licensee, the state licensing authority may have access to criminal history record information furnished by a criminal justice agency, subject to any restrictions imposed by such agency. In the event the state licensing authority takes into consideration information concerning the applicant's criminal history record, the state licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a license.
   2. As used in subsection (2)(a) of this section, “criminal justice agency” means any federal, state, or municipal court or any governmental agency or subunit of such agency that performs the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice.

3. The state licensing authority shall not issue a license pursuant to this section until the local licensing authority has approved the application provided for in section 44-3-309.

History. Source: L. 2018: Entire article added with relocations,(HB 18-1025), ch. 152, p. 976, § 2, effective October 1.

This section is similar to former § 12-47-304 as it existed prior to 2018.

Law reviews. For note, “The Liquor Code -- Colorado Revised Statute Antiquated”, see 38 U. Colo. L. Rev. 248 (1965).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Applicability of liquor code. The provisions of this article do not apply to third persons who are not applicants of licensees and whose conduct does not violate specific provisions of this article but does violate specific provisions of the criminal code. People v. Eckley, 775 P.2d 566 (Colo. 1989).

The issuance of licenses shall depend on the judgment of the licensing authority and not on that of other citizens. Gem Beverage Co. v. Geer, 138 Colo. 420 , 334 P.2d 744 (1959).

Whether a license should or should not be granted is a matter resting within the discretion of the licensing authority, and will not be disturbed in the absence of a showing of abuse of that discretion. Harvey v. Schooley, 152 Colo. 384 , 382 P.2d 189 (1963).

It is within the discretion of the licensing authority to determine the facts and to conclude that an application should be denied. Gem Beverage Co. v. Geer, 138 Colo. 420 , 334 P.2d 744 (1959).

There is no inherent right to carry on the business of selling alcoholic beverages. The licensing authority in the exercise of its administrative discretion may determine whether in the light of all the evidence and surrounding facts and circumstances, the granting of a particular license is or is not justified. Gem Beverage Co. v. Geer, 138 Colo. 420 , 334 P.2d 744 (1959).

It is nowhere provided that the state licensing authority must conduct a public hearing. Potter v. Anderson, 155 Colo. 25 , 392 P.2d 650 (1964).

State may use local investigative reports. There is nothing in the law that makes it illegal for the state licensing authority to use the investigation reports and hearing record of the local licensing authority which by law must conduct a hearing. Potter v. Anderson, 155 Colo. 25 , 392 P.2d 650 (1964).

Denial of second application for particular location. This section provides in substance that no application for a liquor license shall be granted for a particular location if the same applicant has been denied a license for that location within two years prior to the second application. Harvey v. Schooley, 152 Colo. 384 , 382 P.2d 189 (1963).

The holder of a liquor license cannot apply for a transfer of his license to a facility where, during the preceding two years, a license has been denied for the reason that the reasonable requirements of the neighborhood and the desires of the inhabitants were being satisfied by existing outlets. Sixth Ave. Liquors, Inc. v. Kalbin, 44 Colo. App. 232, 615 P.2d 56 (1980).

A sole applicant for issuance of a license is not “the same person or persons” as a partnership, whose application for a liquor license had previously been denied. Harvey v. Schooley, 152 Colo. 384 , 382 P.2d 189 (1963).

Burden on applicant. It is incumbent upon an applicant for a liquor license to make a prima facie showing of facts which satisfy the requisites of the liquor code. Geer v. Hall, 138 Colo. 384 , 333 P.2d 1040 (1959).

All reasonable doubt must be resolved in favor of the findings of the licensing authority, and unless it clearly appears that under the whole record an action of that authority is arbitrary and capricious, the supreme court may not order a different result. Gem Beverage Co. v. Geer, 138 Colo. 420 , 334 P.2d 744 (1959); Lab Dev. Co. v. Hill, 152 Colo. 338 , 381 P.2d 811 (1963).

Duty to consider neighborhood requirements and desires. The licensing authority has the duty and authority to consider the reasonable requirements of the neighborhood and the desires of the inhabitants as evidenced by petition, remonstrances, or otherwise. Gem Beverage Co. v. Geer, 138 Colo. 420 , 334 P.2d 744 (1959).

The test in consideration of a license application is still the “desires of the inhabitants” and “the reasonable requirements of the neighborhood”. Travella v. Eppinger, 152 Colo. 506 , 383 P.2d 314 (1963).

Applied in In re Title Pertaining to Sale of Table Wine in Grocery Stores, 646 P.2d 916 (Colo. 1982).